Los Angeles daily herald., 1887-04-04
THE AMENDMENTS.
Reasons why the People should
Vote For Them.

Vote For Them.
SAN FRANCISCO, March 80, 1887.
To the People of the State Of California
The Bar Association of San Francisco
respectfully invites attention to the
Constitutional Amendments to be sub
mitted to the people on the 18th of Apri
next. They are designed to extricate
the Court Of last resort from its present
difficulties, and to obtain for the citizen
what is 80 important, viz: speedy JUS
tice.
The delays that have unfortunately
occurred in the administration of Justice
are familiar to all, but few outside the
legal profession are aware of the Difficult.
ties which surround the situation.
At the organization of the present
Court, under the Constitution Of 1879,
there were pending and undisposed Of
6O4 cases. Since then there have come
in 4S5S new cases, making an average of
694 new cases year. The Court, since its
organization, has disposed of 4555 cases,
making an average Of $50 cases per an
mum. 1t is not reasonable to suppose
that the number of incoming cases will
decrease as the State increases in popu.
lation and prosperity. 1t is plain, there.
fore, that unless something is done to
enable the Court to get rid of its burden,
the present state of things must continue
for an indefinite period.
More than has been accomplished rn.
der the existing organization can not be
expected. The present Court is hard.
working one, and gets through with as
much work as it is possible to do. An
examination of the reports of the Su.
preme Court of the United States, which
has nine Judges, shows that in the five
years preceding 1886, that Court decided
1920 cases, making an average of 304
cases per aunum, less than half the aver.
age number decided by our own Court.
The reports of the Court of Appeals Of
the State of New York, which has seven
Judges, show that in the five years pre-
eeding 1856, that tribunal 6ecided 1923
cases, making an average of 504 cases per
annum, which is less than the average of
our own Court by l46.
The reports of the highest court of
Pennsylvania, court with seven
Judges, show that in the five years pre-.
cedipg 1886 that tribunal decided 1926
cases, making an average of $347 per
annum, which is less than the average
of our own court by 285 cases per an.
mum.
The reports of the highest court of
Massachusetts,, a Court with seven
Judges, show that in the five years pre-
ceding 1886 that tribunal decided 1889
cases, making an average of BAT per an
mum, which is less than the average of
our own court by 303 cases per annum.
And it is believed that an examination
of the reports of the other states will
show like results, viz: that our court
decides moro causes than any other.
But it may be asked, how it is, if such
is the case, that such large and opulent
commonwealth get along-how comes it
that the Supreme Court of California IA
state which is comparatively small in
point of population) has SO much work
to do?
There are several reasons for this, but
the chief among them is that our peo.
ple have been extremely liberal with
the right of appeal, and with their grants
of original jurisdiction to appellate
Courts. In this State case Involving
only three hundred dollars may be taken
to the Supreme Court, as q matter of
right-not to speak OF vast numbers
OF cases not susceptible of pecuniary es.
timation. In the Supreme Court of the
United States the jurisdictional amount
is five thousand dollars. In the Court of
Appeals of New York the jurisdictional
amount is five hundred dollars, unless
leave to appeal is granted by the judge.
But in New York there is a system of
intermediate appellate tribunals, which
stop large number of cases;and theCourt
of Appeals is purely an appellate tribunal
and has no power to issue original writs
except in aid of its appellate jurisdiction.
It may be added that the Supreme Court
of the U United States is now several years
behind with its work, and the subject of
relieving it from it's difficulties is occupy.
ing the attention of Congress and the
country; and that within the last ten
wears the people of New York have had
to adopt Che same measure that is pro-
posed here, viz, to give the Court
Commission of Appeals to help it clear
of its arrears. The same thing has been
done in Indiana, Tennessee, Texas and
Ohio.
An idea of the enormous labor i'm
posed upon our Supreme Court may be
gained from the following considerations:
There are in California sixty.nine Supe-
rior Courts constantly engaged in decid'
ing causes which may be, and which, as
a matter of fact, nearly always are.
taken to the Supreme Court. In the
first place, there is hearing in the De-
nsttment. Then there ia the petition for
a hearJng in bank, and if this is granted,
there is Q hearing in bank, and some
times the Court in bank is assailed with
a petition for rehearing. Since its or.
oanization the present Court has passed
upon 1000 petitions for rehearing..
To the appeals must be added the
original proceedings in the Supreme
Court, such as applications for writs OF
n,andamus, certiorari and prohibition.
OF these the Court has had before it,
since its organization in 1880, Ala, nearly
every one of which involved the
hearing of demurrers, motions
in relation To pleadings, motions for new
trial, etc. And in all cases, whether OF
original or appellate jurisdiction, the
Constitution requires that the decision
shall be given in writing, and the grounds
thereof shall be stated.
In view of this enormous mass of work
tt Is impossible for the Court, under the
present system, to keep even with the
,!ccumulating business, much less to clear
off its arrears. 1t is overworked now.
The press OF business is such that it can |
not rive sufficient consideration to the |
cases presented for decision.
So much for the evil which exists
Let us now see what is the remedy pro.
uosed. In the first place, it is proposed
to increase, temporarily, the working
force. The Commission as created by |
the Act of the Legislature is of very lit.